Bill Summary for Bill Number HB10-1352

Date: 03/22/2010

Final
BILL SUMMARY for HB10-1352

HOUSE COMMITTEE ON JUDICIARY

Votes: View-->	Action Taken:
Adopt prepared amendment L.001 (Attachment S). Th Adopt prepared amendment L.002 (Attachment T). Th Adopt prepared amendment L.003 (Attachment U). Th Adopt prepared amendment L.004 (Attachment V). Re Refer House Bill 10-1352, as amended, to the Commi	Pass Without Objection Pass Without Objection Pass Without Objection Pass Without Objection PASS

06:45 PM -- House Bill 10-1352

Representative Waller, prime sponsor, presented House Bill 10-1352 concerning changes to crimes involving controlled substances. The bill makes a number of changes to offenses related to controlled substances. In particular, it:

• lowers the penalty for the unlawful use of a controlled substance from various levels, depending on the circumstances, to a class 2 misdemeanor, regardless of the circumstances;
• separates the crime of possession of a controlled substance (other than marijuana) from the crime of manufacturing, dispensing, selling, distributing, or possessing with intent to manufacture, dispense, sell, or distribute;
• creates the new crime of sale of a controlled substance to a minor, which is a class 3 felony and carries a mandatory prison sentence;
• lowers the penalties for the crimes of unlawful possession of a controlled substance and manufacturing, dispensing, selling, distributing, or possessing with intent to manufacture, dispense, sell, or distribute;
• substantially changes offenses related to marijuana with regard to the amount required to constitute a crime and lowers associated penalties;
• requires the court, in a case where an individual who is 18 or older is convicted of transferring or dispensing any amount of marijuana to a person under the age of 15, to sentence the defendant to a mandatory period of incarceration;
• increases the amount of a schedule I or II controlled substance necessary for a defendant, who is convicted of unlawfully introducing, distributing, or importing such a substance into Colorado, to be designated as a special offender for sentencing purposes;
• clarifies the conditions under which possession of a firearm in the commission of a drug offense designates a defendant as a special offender;
• lowers the penalty for fraud and deceit related to a controlled substance to a class 6 felony;
• directs the General Assembly to use a portion of the savings generated by the bill to fund costs associated with community-based substance abuse treatment;
• requires the Division of Criminal Justice (DCJ) in the Department of Public Safety to annually analyze the amount of fiscal savings the bill generates over the previous fiscal year and report such analysis to the Joint Budget Committee.

Representative Waller distributed prepared amendments L.001, L.002, L.003, and L.004 (Attachments S, T, U, and V).

06:49 PM -- Tom Raynes, Colorado Attorney General's Office, and Maureen Cain, Colorado Criminal Defense Bar, spoke in support of the bill. The bill is recommended by the Colorado Commission on Criminal and Juvenile Justice (CCCJJ). Mr. Raynes discussed the recidivism of offenders convicted of offenses related to controlled substances. He talked about the importance of treatment for drug offenders. Mr. Raynes and Ms. Cain went through each section of the bill, explaining the changes at length. Ms. Cain responded to questions from Representative Ryden about distinguishing between powder and crack cocaine.

07:11 PM -- Mark Randall, CDAC, spoke in support of the bill. Mr. Randall expressed his opinion that treatment of drug offenders is key to reducing recidivism. He talked about the wording of the section of the bill concerning possession and the wording of the unlawful distribution, manufacturing, dispensing, sale, or possession section.

07:14 PM -- Paul Thompson, representing himself, spoke in support of the bill. Mr. Thompson related details of his experience as a drug offender who now works in the treatment field. He responded to questions from the committee about his experience with drug addiction.

07:18 PM -- Beverly Kinard, Christian Drug Education Center, spoke in opposition to the bill. Ms. Kinard discussed her experience working with families affected by drug addiction. She stated her opinion that reducing the penalties for crimes related to marijuana sends a message to children that marijuana is not dangerous. She indicated that prison sentences are an incentive for some individuals to get treatment for addiction. She expressed her concerns about the effects of drug addiction on the lives of children and families. Ms. Kinard responded to questions from the committee about the costs of substance abuse treatment.


BILL:	HB10-1352
TIME:	07:30:37 PM
MOVED:	Waller
MOTION:	Adopt prepared amendment L.001 (Attachment S). The motion passed without objection.
SECONDED:	Miklosi
		VOTE
	Court
	Gardner B.
	Kagan
	King S.
	Miklosi
	Nikkel
	Pace
	Ryden
	Waller
	McCann
	Levy

Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB10-1352
TIME:	07:31:50 PM
MOVED:	Waller
MOTION:	Adopt prepared amendment L.002 (Attachment T). The motion passed without objection.
SECONDED:	Court
		VOTE
	Court
	Gardner B.
	Kagan
	King S.
	Miklosi
	Nikkel
	Pace
	Ryden
	Waller
	McCann
	Levy

Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB10-1352
TIME:	07:32:19 PM
MOVED:	Waller
MOTION:	Adopt prepared amendment L.003 (Attachment U). The motion passed without objection.
SECONDED:	Court
		VOTE
	Court
	Gardner B.
	Kagan
	King S.
	Miklosi
	Nikkel
	Pace
	Ryden
	Waller
	McCann
	Levy

Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB10-1352
TIME:	07:32:58 PM
MOVED:	Waller
MOTION:	Adopt prepared amendment L.004 (Attachment V). Representative Waller answered committee questions about the amendment. The motion passed without objection.
SECONDED:	Nikkel
		VOTE
	Court
	Gardner B.
	Kagan
	King S.
	Miklosi
	Nikkel
	Pace
	Ryden
	Waller
	McCann
	Levy

Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB10-1352
TIME:	07:39:51 PM
MOVED:	Waller
MOTION:	Refer House Bill 10-1352, as amended, to the Committee on Appropriations with a favorable recommendation. The motion passed on a vote of 11-0.
SECONDED:	Court
		VOTE
	Court	Yes
	Gardner B.	Yes
	Kagan	Yes
	King S.	Yes
	Miklosi	Yes
	Nikkel	Yes
	Pace	Yes
	Ryden	Yes
	Waller	Yes
	McCann	Yes
	Levy	Yes

Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

07:41 PM

Representative Levy adjourned the committee.